私人刑事调查法制化实现的监督约束体系设计

Designing a System of Supervision and Restriction to Realize Legalization of Private Criminal Investigation

私人刑事调查作为古老的自我保护与私力救济重要手段,为真正确保它日后实现兴利除弊,必须对其进行法制化。但法制化的实现并不能仅依赖法律建构,全面监督约束体系的设计也很重要。这种监督约束体系设计主要包括内质层面自我道德监督约束、中间层面行业协会监督约束、外在层面行政与社会监督约束三部分。

As an old and important method of self-protection and private help, private criminal investigation is to be legalized in order to promote what is beneficial and abolish what is harmful in the days to come. However, the realization of legalization cannot solely rely on legislation. It is also important to establish a system of overall supervision and restriction. When designed, the system should mainly include supervision and restriction from self-morality in the inner aspect, from industry associations in the in-between aspect and from administrations and the society in the outer aspect.